Nevada Non-Disclosure Agreement (NDA) Review
Nevada targets secrecy in settlements of sex discrimination and serious sexual misconduct claims, and it pairs that with a non-compete statute that requires judges to fix, rather than throw out, overbroad restrictions. For a Nevada NDA the questions are whether its silence covers anything the 2019 settlement law now protects, and whether any bundled covenant would survive NRS 613.195. Ordinary business secrets are protected under NRS chapter 600A.
Trade-secret law
Uniform Trade Secrets Act
Bundled non-compete
Enforceable if reasonable
Confidentiality & trade secrets in Nevada
Nevada protects trade secrets under its version of the Uniform Trade Secrets Act, and the federal Defend Trade Secrets Act applies on top. A reasonable NDA is enforceable, but courts still look at scope, an over-broad definition of "confidential information" with no exclusions is the most common weakness.
Watch for a non-compete inside the NDA
Enforceable if reasonable and supported by consideration, but not against employees paid solely by the hour. Cannot bar serving customers who came voluntarily, and courts must revise overbroad terms.
A confidentiality agreement should protect information, not restrict who you can work for. If an NDA in Nevada also tries to bar you from competitors or from soliciting contacts, treat that as a separate restrictive covenant and judge it by Nevada's non-compete rules above.
What can a Nevada settlement keep confidential?
NRS 10.195, enacted by AB 248 in 2019, provides that a settlement agreement must not prohibit or restrict a party from disclosing factual information relating to a civil or administrative claim involving a felony sexual offense, sex discrimination by an employer or landlord, or retaliation for reporting sex discrimination. For agreements entered on or after July 1, 2019, such a provision is void.
The settlement amount can still be confidential, and at the claimant's request the agreement must protect the claimant's identity and facts that could reveal it.
How do Nevada courts treat non-competes bundled into NDAs?
NRS 613.195 makes a non-compete enforceable only if supported by valuable consideration and no broader than needed to protect the employer. It also bars non-competes for employees paid solely on an hourly basis, bars restricting former employees from serving customers who seek them out voluntarily, and directs courts to revise overbroad covenants to the extent necessary.
Nevada's Uniform Trade Secrets Act, NRS chapter 600A, protects information whose value depends on secrecy. A properly scoped NDA reinforces that protection without needing a non-compete at all.
Nevada also protects testimony. Under NRS 50.069, added by AB 60 in 2021, a contract or settlement term is void to the extent it stops a party from testifying, when required by court order, subpoena or an agency's written request, about another party's alleged criminal conduct or sexual harassment, discrimination or retaliation.
Nevada sources checked 2026-10-09: NRS 10.195 (Nevada Public Law) · Kolesar & Leatham: New Nevada law restricts confidentiality in contracts (AB 60, 2021) · Littler: Settlement agreements cannot prevent Nevada employees disclosing sex discrimination · Speak Out Act, Pub. L. 117-224 (congress.gov). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Nevada NDA
- Definition of "confidential information", narrow, or everything?
- The four standard exclusions (public, already known, independently developed, third-party)
- Duration, a defined term, or a perpetual obligation?
- A "residuals" clause allowing use of what is remembered
- Any bundled non-compete or non-solicitation, judged by Nevada law
- Return/destruction obligation and one-sided injunctive relief
Nevada NDA FAQ
Is an NDA enforceable in Nevada?
Yes, a reasonable confidentiality agreement is generally enforceable in Nevada, backed by the state’s Uniform Trade Secrets Act and, at the federal level, the Defend Trade Secrets Act. What matters is scope: an NDA with an over-broad definition of "confidential information," no standard exclusions, or a perpetual term is far weaker than it looks and worth narrowing.
Can an NDA include a non-compete in Nevada?
NDAs sometimes bundle in non-compete or non-solicitation language, and in Nevada a reasonable non-compete can be enforceable, Enforceable if reasonable and supported by consideration, but not against employees paid solely by the hour. Cannot bar serving customers who came voluntarily, and courts must revise overbroad terms. A confidentiality agreement should not quietly restrict who you can work for, so flag any non-compete inside it.
What makes an NDA fair in Nevada?
A sound NDA defines confidential information narrowly, includes the standard exclusions (public information, what you already knew, what you independently develop, and what a third party gives you), has a defined term rather than a perpetual one, and does not include a broad "residuals" clause or a hidden non-compete. ClauseAudit checks each of these against Nevada law.
Can Nevada enforce a non-compete buried in an NDA?
Nevada is one of 34 jurisdictions where a non-compete is generally enforceable if reasonable in duration, geography and scope. Enforceable if reasonable and supported by consideration, but not against employees paid solely by the hour. Cannot bar serving customers who came voluntarily, and courts must revise overbroad terms. Confidentiality obligations are a separate question and are not affected by any of that, which is why a restraint tucked into an NDA deserves reading on its own terms rather than as part of the secrecy clause.
Does it matter which state's law the agreement names?
It can, because Nevada's neighbours do not all agree: California (void), Oregon (limited). Which law applies turns on the governing-law and venue clauses and on where the work is actually done, so those two clauses are worth reading before signing an NDA.
Does NRS 10.195 apply before any claim is filed?
The statute speaks of claims in a civil or administrative action, so commentators read it as aimed at matters that have reached a court or an agency such as the Nevada Equal Rights Commission. For an NDA signed before any dispute exists, the federal Speak Out Act is the more direct protection for sexual assault and sexual harassment claims.
I am an hourly worker in Nevada. Can my NDA include a non-compete?
Under NRS 613.195 a non-compete may not apply to an employee paid solely on an hourly wage basis, exclusive of tips or gratuities. The confidentiality obligations in your NDA can still bind you, but a non-compete clause in the same document should not.
Asked to sign an NDA in Nevada?
Upload it and get every clause checked against Nevada law in about a minute, with a fix for each problem.
How neighbouring states treat restrictive covenants
Nationally: 4 jurisdictions treat employee non-competes as void, 13 allow them only in limited circumstances, 34 generally enforce them if reasonable.
Nevada rules summarized as of October 2026; laws change. This is automated educational information, not legal advice. ClauseAudit verifies current Nevada law when you run your NDA, and you should confirm anything critical with a qualified attorney.